Court : Supreme Court of India
..... the commission of the political activities, programmes and ideologies of political parties. this position gets strengthened by the fact that on 30-6-1994 the representation of the people (second amendment) bill, 1994 was introduced in the lok sabha proposing to introduce section 29-b whereunder a complaint could be made to the ..... 32 of the constitution of india only operates in areas left unoccupied by legislation and in the case at hand, the constitution of india and the representation of the people act, 1951 already contain provisions for disqualification of members of parliament. therefore, directing the election commission to (a) deregister a political party, (b) ..... murder, crime against women including rape, etc. it is in this backdrop that the present contempt petition has to be decided.12. section 8 of the representation of people act, 1951 [hereinafter referred to as the act of 1951 ]., states as follows: 8. disqualification on conviction for certain offences.- (1) a person convicted .....
Tag this Judgment!Court : Supreme Court of India
..... was urged that the absolute freedom to vote under article 194(2) of the constitution was being diluted through a statutory amendment to the representation of the people act, 1951 permitting open ballots. while addressing this argument, the court held that elections to fill seats in the rajya sabha are not proceedings ..... general placed reliance on kuldip nayar (supra). in this case, a constitution bench of this court was adjudicating the validity of an amendment to the representation of the people act, 1951 by which (a) the requirement that a candidate for elections to the rajya sabha be an elector from a constituency in the state ..... subjects were restricted from being discussed in the legislatures.81. in that sense, the foundations of a deliberative democracy premised on responsibility, responsiveness, and representation sought to ensure that the executive government of the day is elected by and responsible to the parliament or legislative assemblies which comprise of elected representatives. .....
Tag this Judgment!Court : Supreme Court of India
..... casting the net was much wider. however, by act 58 of 1958, section 7(d) was amended and it reads as follows:- "part iii amendments of the representation of the people act, 1951 15. in section 7 of the 1951 act,- (a) for clause (d), the following clause shall be substituted, namely:- (d) if there subsists ..... declaration in exercise of the authority conferred under article 192 of the constitution of india that the petitioner incurred the disqualification stipulated under section 9a of the representation of the people act, 1951 (hereinafter referred to as "the r.p. act"). such a declaration came to be made on an undisputed finding of fact that the ..... very painstakingly placed before us the evolution and history of the disqualification on account of a subsisting contract under the representation of people act, 1951. the disqualification which is mentioned in section 9a of the representation of people act 1951 as it stands today was originally contained in section 7(d) of the act[8]..45. by act .....
Tag this Judgment!Court : Supreme Court of India
..... the election had been materially affected as a result of such improper acceptance, we may look into the relevant provisions of law. under section 81 of the representation of the people act, 1951 an election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1) of ..... should be declared as duly elected and that a criminal proceeding should be directed to be initiated against the appellant under section 125-a and 127 of the representation of the people act, 1951 (hereinafter referred to as the act ). apart from the ground of improper acceptance of nomination, the respondent also alleged corrupt practices against the ..... to be his representative. pursuant to the judgment in union of india v. association for democratic reforms (supra) section 33-a was inserted in the representation of the people act providing for right to additional information by an ordinance. the challenge to the said ordinance was dealt with by this court in .....
Tag this Judgment!Court : Supreme Court of India
..... vacancies in the state legislative assemblies and section 151 deals with casual vacancies in the state legislative councils. section 151a, which was inserted by the representation of the people (amendment) 6 act (21 of 1996) with effect from 01.08.1996, being relevant for the present purpose, is extracted below:- for limit ..... governments. delimitation and reservation of constituencies are conceived of and fructified so that the inclusive character of the constitution is strengthened. the provisions in the representation of the people act, 1951 (for brevity, the act ) are engrafted to cover many aspects of 3 election including the manner, method of holding elections and ..... to contest an election is not a fundamental right, yet no interpretation should be placed on a statutory provision that will defeat the essential purpose of representation.3. the prefatory note has become a warrant as the petitioner, a voter of bhandara gondiya parliamentary constituency, in this special leave petition, has, .....
Tag this Judgment!Court : Supreme Court of India
..... before this court.83. the decision of this court reported in pashupati nath singh vs. harihar prasad singh; 63 relied upon by the appellant arose under the representation of people act, 1951. the petitioner therein was a candidate for the election to the bihar legislative assembly. he filed his nomination paper on 16.1.1967. his nomination ..... pashupati nath singh vs. harihar prasad singh16, a three judge bench construed the words on the date fixed for scrutiny in section 36(2)(a) of the representation of the people act 1951. interpreting those words, the court held that the qualification of a candidate must exist from the earliest moment of the day of scrutiny: 13. ..... that the content of those expressions is based on the context. in raj kumar yadav vs. samir kumar mahaseth12, the limitation provided by section 81 of the representation of the people act 1951 expired on the 45th day from the date of 12 (2005) 3 scc60139 the election. interpreting the provision, chief justice r.c. lahoti while .....
Tag this Judgment!Court : Supreme Court of India
..... in furtherance of the succession to which he or she committed or abetted the commission of the murder. [54]. [55]. see section 11 of the representation of the people act, 1951 section 11. removal or reduction of period of disqualification. the election commission may, for reasons to be recorded, remove any disqualification under this ..... right to contest an election for the various constitutional bodies is denied to a person convicted of various offences enumerated under section 8 of the representation of peoples act, 1951 but only for a certain specified period. similarly, the right to vote is denied to persons convicted of offences specified under section 11a ..... of the representation of the people act, 1951 for a period specified therein. it is also worthwhile noticing that even such disqualifications could be removed by the election commission for reasons .....
Tag this Judgment!Court : Supreme Court of India
..... electorate, and canvassing votes accordingly, has been held to be a corrupt practice. the court, to hold so, adopted a purposive interpretative process declaring that the representation of the people act, 1951 should be interpreted in that context to be electorate centric rather than candidate centric. that is not the situation in the present case. the appellants ..... 1) mh. l.j.455 6 that would create a vacancy in the gram panchayat. it would not be possible to give broad based, wide and comprehensive representation of the public in a unit of local self government. the gram panchayat is envisaged to be a unit of local self-government in terms of part ix ..... original encroachers on the public property. and this is not the case where the alleged act of encroachment has 8 (2017) 2 scc62916 influenced the will of the people in which case, going by abhiram singh (supra), the court would have been justified in attempting a purposive interpretation to achieve a laudable object. the respondents have .....
Tag this Judgment!Court : Supreme Court of India
..... as law and required to be given effect to.57. in rampakavi rayappa belagali v. b.d. jatti, (1970) 3 scc147 the court dealt with the scheme of the representation of people act, 1950 and its inter-relation with article 329(a) as follows: 7. the entire scheme of the act of 1950 and the amplitude of its provisions show that ..... body, at the stage when the matter is brought up before it. i think that a brief examination of the scheme of part xv of the constitution and the representation of the people act, 1951, will show that the construction i have suggested is the correct one. broadly speaking, before an election machinery can be brought into operation, there are three ..... completed by means of an election petition. in my opinion, to affirm such a position would be contrary to the scheme of part xv of the constitution and the representation of the people act, which, as i shall point out later, seems to be that any matter which has the effect of vitiating an election should be brought up only at .....
Tag this Judgment!Court : Supreme Court of India
..... to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. there can be no election to parliament or ..... the state legislature except as provided by the representation of the people act, 1951 and again, no such election may be questioned except in the manner provided by the representation of the people act. so the representation of the people act has been held to be a complete and self-contained code ..... members, elected representatives, managers, and employees so they can contribute effectively to the development of their co-operatives. they inform the general public - particularly young people and opinion leaders - about the nature and benefits of co-operation. 6th principle: co-operation among co-operatives co-operatives serve their members most effectively and .....
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